Divorce is challenging enough, and a lack of financial support can make it a difficult battle. Alimony is not guaranteed in Texas, and the spousal maintenance laws in the state are strict and specific. If you are requesting financial support or defending against an alimony claim, it is vital that you work with an experienced alimony lawyer to protect your financial future. This guide is designed to help you understand the basics, avoid common pitfalls, and have a stronger case for alimony in Dallas.

Common Alimony Mistakes and How to Avoid Them

It can be easy to derail even the best divorce by making mistakes you could have avoided. Here are the key mistakes to avoid:

1. Failing to Prove Eligibility for Alimony

Mistake: Thinking that having a long marriage or being in financial need causes an automatic entitlement to alimony.

Why It Matters: As per the Texas law, you will only receive alimony if you have insufficient property to meet your minimum reasonable needs, and you fit certain criteria (e.g., married for 10 years, suffers from a disability, or takes care of a disabled child). If there is no proof, the court will just deny maintenance.

How to Avoid:

  • Ask your alimony lawyer to help you develop your financial records (budget, debts, and all sources of income).
  • Ask your attorney to prepare a clear list of your needs and inability to meet them through either property or employment.
  • Document any qualifying factors (e.g., disability, history of family violence).

2. Incomplete or Inaccurate Financial Disclosure

Mistake: Concealing assets, failure to disclose debts, or submitting a partial financial disclosure.

Why It Matters: Texas courts require full disclosure. Attempts to conceal or misrepresent assets can undermine your credibility, create legal consequences, and deliver an unfair verdict.

How to Avoid:

  • Provide your divorce attorney with all documents: pay stubs, tax returns, bank statements, investment accounts, and debt documents.
  • Check your disclosures for accuracy and completeness.
  • Disclose all the sources of income, including bonuses, side business, and rental properties.

3. Overlooking Non-Monetary Contributions

Mistake: You skipped documenting the time and effort you invested in the household, raising children, or supporting your spouse’s career.

Why This Matters: Texas courts can look at non-monetary contributions when determining alimony, and if you do not represent yourself as a homemaker, parent, or advocate of your spouse’s career, it will undermine your position.

How to Avoid:

  • Create a timeline of your marital history, identifying periods in which you were a homemaker, raising children, or supporting your spouse’s educational programs or your own business.
  • Discuss the documented sacrifices regarding these contributions with your alimony lawyer so they may incorporate these contributions into their case.

4. Ignoring Tax and Legal Implications

Mistake: Not factoring in the tax implications of alimony or not distinguishing between court-ordered maintenance and contractual alimony.

Why It Matters: Since 2019, alimony has no longer been tax-deductible for the payer or taxable to the recipient; however, contractual alimony (negotiated outside the court) can have different means of enforcement and implications. 

How to Avoid:

  • Always consult a divorce attorney to gain a full understanding of the impact of tax on the agreement.
  • Ask your attorney if you are seeking contractual or court-ordered maintenance to make sure your understanding of alimony is clear.
  • Ensure that any agreement is clear to all parties, complies with Texas law, and is enforceable.

5. Expecting Lifelong or Excessive Support

Mistake: Assuming alimony will last forever or that you can claim a high amount. 

Why it Matters: Texas law governs limits on alimony—much less than you may think—there is maximum support of the lesser of $5000 per month or 20% of the payer’s gross monthly income, and there is a time limit based on the length of the marriage or in special circumstance situations. 

How to Avoid: 

  • Establish realistic expectations with your alimony lawyer. 
  • As you move toward financial independence, consider education, training, or even employment after the divorce is finalized.  

6. Not Considering Contractual Alimony

Mistake: Focusing on what the court ordered in specific maintenance and disregarding the advantage of a negotiated, agreed-upon provision.

Why it Matters: Spousal support agreements outside of court (like in a settlement) allow for greater flexibility.

How to Avoid:

  • Ask your divorce lawyer about the pros and cons of specified alimony.
  • Involve mediation or negotiation to come to an agreement that is beneficial to both parties.
  • Make sure your alimony lawyer drafts the contract and reviews it for enforceability.

7. Lack of Preparation for Court

Mistake: Relying primarily on verbal testimony instead of a well documented and evidence based argument in court. 

Why It Matters: Judges will look for documentation and credible evidence. Having an unprepared oral presentation can undermine your case. 

How to Avoid:

  • Develop a case file with your alimony lawyer supporting all aspects of your case: budgets, receipts, expert testimony (if needed), and any other documents.
  • Practice your testimony and prepare your evidence for your day in court.

Protect Your Financial Future

Alimony claims can affect your life for years. Avoid common alimony and secure your future! If you want to receive alimony or if you are defending yourself against excessive claims, getting the right divorce attorney Dallas is crucial.

Contact Clark Law Group today for a confidential consultation. Protect your rights & future with Dallas’ trusted divorce and alimony lawyers.